Purchase of a plot

Querist : Anonymous (Querist) 15 January 2012 This query is : Resolved
Thanks for the previous replies.

Background: Buying a plot from a expired person through his son.

As legal hire certificate is going to take time of min 3 months.

Whats the best legal option to get into

Do we need to wait until the legal hire certificate obtain from the court

or

Can we go ahead for registration before we get legal hire certificate

In both cases what are the risks involed. Experts kind comments please

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Devajyoti Barman (Expert) 15 January 2012
If you have other unofficial means to check his heriship issues then you can well go ahead with the registration on strength of a duly sworn affidavit from him made before the Magistrate.

If you are not sure then wait for the certificate. Three months is not much of a time given the amount of money involved in the deal.

A V Vishal (Expert) 15 January 2012
Not advisable to go ahead without legal clearances.

Advocate M.Bhadra (Expert) 15 January 2012
Issuing authority of 'Legal Heirs Certificate' are different from State to State in India,best option for early requirement,seller/vendors can swear an Affidavit before the judicial Magistrate by declaration of their successors and legal heirs.

Guest (Expert) 15 January 2012
1. It's the obligation of the seller. So you may take possession letter and take possession of the property by paying the full amount and get the registration done after the LH certificate is received.
2. Alternatively, you may take an Affidavit from Legal Heirs duly attested by Notary Public stating the list of the Legal Heirs of the deceased owner and go ahead with the registration.

Rajeev Kumar (Expert) 15 January 2012
Agree with experts

ajay sethi (Expert) 15 January 2012
wait for legal heriship certifcate . if you have to wait for 3 months do so .

if you proceed for registartion and seller does not get the certificate you will have to repent in leisure .

Raj Kumar Makkad (Expert) 15 January 2012
My views have duly been represented by sethi, Legal heirship certificate also depends upon various factors.

If you receive a detailed search report about the title of the property since last 30 years then can go ahead but if registrar demands legal heirship certificate of seller then you shall have no option but to wait for the given time.

M/s. Y-not legal services (Expert) 16 January 2012
you can be entered in to agreement now.. after got the legal heir certificate you can complete all other formalities.,

-tom-

Deepak Nair (Expert) 16 January 2012
Check and confirm the revenue records regarding the title of the land.

Further, you can enter into an agreement after paying the token money for sale with a clause that the sale will be complete and the deed of conveyance will be regsitered only after production of legal heir certificate.

prabhakar singh (Expert) 16 January 2012
rightly opined by all

Sailesh Kumar Shah (Expert) 16 January 2012
Do we need to wait until the legal hire certificate obtain from the court
Answer: yes, however, you can execute Agreement to sell to secure your deal.

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